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OSHA Issues New Workplace Exposure Standards for Hexavalent Chromium

On February 28, 2006, the U.S. Occupational Safety and Health Administration (OSHA) adopted final standards governing workplace exposures to hexavalent chromium (CrVI) that dramatically lowers the existing 8-hour time weighted average (8-hr. TWA) permissible exposure limits (PELs) through a comprehensive regulatory scheme similar to those covering lead and asbestos    

OSHA proceeded under a court order directing it to issue final standards by the end of February. The rule has a major impact on a broad range of industrial sectors involved (as a manufacturer or user of products or services) in steel, paints, pigments, plating, glass making, heavy manufacturing, and possibly construction due to exposures from Portland cement. Industries where welding is a major activity are also be affected.

The primary emphasis of the standard is on controlling airborne exposures, but control of skin contact and ingestion are also addressed. OSHA proposed a PEL of one microgram (µg) of CrVI per cubic meter (m3) of air as an 8-hr. TWA. The existing PEL for hexavalent chromium is 52 µg/m3. The standards require reliance on engineering controls and work practices (e.g., use of wet methods, local exhaust ventilation, process isolation) to the extent feasible, and personal protective equipment (e.g., respiratory protection) to the extent engineering controls and work practices are inadequate. Rotation of employees to limit overall exposure are prohibited. Employers will find significant obligations will be imposed if employees and operations are brought within the scope of the standard, including duties for additional training, medical surveillance, and air monitoring, among others.

 

Learning Objectives:

  1. Identify the industries that are most affected by this new regulation and potential impacts
  2. Identify the immediate measures that employers must take to comply with this new regulation
  3. Identify the problematic provisions of the new rule and possible solutions
  4. Discuss the likelihood of court challenges to OSHA's new rule, and the prognosis for such judicial challenges. Some likely issues:

    1. Are all of the requirements of the rules really necessary to protect worker safety?
    2. Do some of the requirements impose unreasonable burdens?
    3. Are the rules written in a way that they can reasonably be understood?
    4. What is likely to be the position of the unions and the public interest group that brought about this standard?

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Who Should Attend?

  • Safety managers and engineers
  • Industrial hygienists
  • EHS regulatory professionals
  • Product managers
  • Facility managers
  • R&D personnel

Presenters and Panelists:


Larry Halprin, Esq.
Partner
Keller and Heckman LLP

Mr. Halprin draws on his technical and business background to counsel individual companies and trade associations in a broad range of workplace health and safety, environmental, product safety, and business transactions issues. He has a hands-on familiarity with the manufacturing environment and has represented clients in the aerospace, chemical, construction, electronics, food, machines, paper and forest products, pharmaceuticals, plastics, steel, telecommunications and transportation industries.

Mr. Halprin works with clients in developing, implementing and auditing environmental, health and safety management programs; he advises on legal compliance issues; and he represents clients in a broad range of enforcement and rulemaking proceedings at the federal and state levels. Mr. Halprin has been a strong advocate of re-inventing government, particularly with respect to regulatory reform. He has testified before Congress and participated in numerous government rulemakings in an effort to limit agency rules to what is necessary, practical and justified by appropriate risk assessment and cost-benefit analysis. Mr. Halprin is a frequent writer and speaker on regulatory reform and a broad range of environmental, health and safety management issues.

In his transactional practice, Mr. Halprin has provided counsel and negotiated: real estate purchase and leasing agreements for residential and commercial properties; real estate financing agreements for commercial office buildings; asset sales agreements; and telecommunications system design, construction and operating agreements. Before joining Keller and Heckman, Mr. Halprin clerked for the Honorable Charles R. Johnston of the U.S. Tax Court.

Mr. Halprin is a member of the District of Columbia and Pennsylvania Bars.
University of Pennsylvania (B.S.Ch.E., with honors, 1974); Duquesne University (J.D., 1977); George Washington University (M.B.A. in Finance and Investments, 1984, Beta Gamma Sigma).


Lance "Skip" Edwards, CIH
Director of Health and Safety Affairs
National Paint and Coatings Association (NPCA)

Lance "Skip" Edwards is the Director of Health and Safety Affairs for the National Paint and Coatings Association (NPCA). Skip is the advocate for the Paint & Coatings Industries’ positions and concerns before government agencies and other standard setting organizations (OSHA, EPA, ANSI, NACOSH, NFPA, etc.) in the areas of occupational safety and health, product stewardship, and manufacturing management. He provides technical consultation to industry on draft regulations and comments for proposed rules. He represents the industry on occupational safety and health related technical committees and work groups for the development of guidance programs and procedures to assist member industries in protecting the health of their employees and complying with federal, state, and local regulations. Skip is also one of the industry's representatives responsible for promoting the new health, safety, and environmental management system, Coatings Care®.

Skip joined NPCA in January of 1996. Prior to that time he served 20 years in the United States Air Force as a Bioenvironmental Engineer, responsible for the service's occupational health and safety programs. He served at base level at four major installations, was an Air Force Consultant, and was finally assigned to the Headquarters, United States Air Force, Washington, DC where he assumed the responsibilities of developing occupational health and safety programs for the entire Air Force, World Wide. Skip retired from the Air Force as a Lieutenant Colonel in 1995.

Skip received his undergraduate degree in Biomedical Engineering from Purdue University, and a Masters of Public Health form the University of Michigan with a major in Industrial Hygiene. Skip is Board Certified in Industrial Hygiene, and has authored numerous publications in both the military and civilian community on health and safety issues, and has served on numerous technical advisory committees including the National Advisory Committee for Occupation Safety and Health (NACOSH) and as the Chair of the American Industrial Hygiene Association Law Committee.


Jeremy Brewer
Attorney
Keller and Heckman LLP

Jeremy Brewer is an associate in Keller and Heckman's Washington D.C. office. Mr. Brewer practices in the areas of OSHA and Employment law and provides clients with advice on various workplace safety matters, including representing clients facing federal and state OSHA citations. He also participates in representing clients in employment counseling and litigation.

Mr. Brewer is a member of the Commonwealth of Virginia Bar and the District of Columbia Bar.

Denison University (B.A., 1998); American University, Washington College of Law (J.D., cum laude, 2003).

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Continuing Education


This program has been approved for 1.5 recertification credit hours toward PHR and SPHR through the Human Resource Certification Institute (HRCI).

This program has been applied for CIH & CSP Continuing Education Credits. Earn .25 CM Points for CIHs and .156 Points for CSP.

This is a CEU presentation. Earn 0.15 CEU credits for attending. For a list of organizations accepting this CEU, please visit http://www.iacet.org
/resources/accept_
ceu.htm
. For information on obtaining the CEU click here

This program meets the requirements for 1.5 Continuous Learning Points (CLPs.)